LATEST CAIPS NOTE UPDATE FOR PRE JUNE 2008 WHOSE FILE GOT REJECTED BY LAW

[kau_shik_patel]

Here is Tim Leahy's recent reply to a query from an applicant.

akash K.
Dear Tim,
is the motion to enforce Liang decision still pending with Jus. Barnes? If yes , does it need to be decided before 14th Jan hearing?
1 day ago


Tim L.
My guess is that Justice Barnes, if he ever bothered to read the written arguments, decided long ago not to rule on the motion because, if he applied the law properly, he would have been compelled to grant the motion, contrary to his personal preferenece. Now that he has set the hearing on the merits for January 14th-16th, he has given himself an excuse not to do his duty.

By pre-emptively setting of the hearing dates for January 14th-16th, Justice Barnes also mooted the motion seeking certification of a class for a class-action lawsuit, saving himself from having to do his duty and rule on that motion, too, because he never wanted to certify a class. (The losing party would effectively be unable to appeal the decision to the Federal Court of Appeal because it could not hear the matter before January 14th, after which the appeal itself would be moot.)

 

[kau_shik_patel]

Canadian pressure groups protest against award for immigration minister

22 November 2012

There was a demonstration in Toronto on Sunday 4th November against Canadian immigration minister Jason Kenney.

Mr Kenney was receiving an honorary philosophy degree from Israel's Haifa University on Sunday at a ceremony in the Royal York Hotel, Toronto. The Canadian prime minister, Stephen Harper attended the event.. Mr Kenney was honoured by the Israeli university for 'his steadfast position against anti-Semitism, racism and intolerance'.

However, outside the hotel, a group of protestors demonstrated against the award on the grounds that to give Mr Kenney an honorary degree was 'a celebration of war, racism, corporate profit, displacement, apartheid and anti-migrant xenophobia'.

The demonstration was organised by a range of pressure groups including Afghans for Peace, the Coalition Against Israeli Apartheid, the International Jewish Anti-Zionist Network, Justice for Migrant Workers, The Toronto Sex Workers Action Project, New Socialist Group, No One Is Illegal - Toronto, Queers Against Israeli Apartheid, Queers for Social Justice, Toronto Immigration Legal Committee, Women in Solidarity with Palestine and many more.

The various groups put out a joint statement. In it, they described Mr Kenney as 'Canada's most infamous and despised minister'. The statement continued 'It is well-known across Canada that Jason Kenney – Minister of Censorship and Deportation – is a key player in advancing the Harper government's austerity and policing agenda. Their agenda is transparent and their racist, xenophobic, neoliberal policy agenda is clear.'

The statement accuses the Canadian government, and Mr Kenney in particular, of 'expanding an already exclusionary and racist immigration system by increasing temporary work programs, citizenship rejections, detentions and deportations while cutting off refugee status, migrant sex workers, family reunification and access to full services for many, particularly undocumented residents.'

The traffic in Toronto was disrupted by the demonstration which attracted 200 demonstrators.

Mr Kenney responded to the protestors as he left the award ceremony. He said '"I can understand some disagreements on some of what we are doing but fundamentally, I think that we are reflecting a broad public consensus in favour of positive immigration, refugee protection but also ensuring that our system is based on fair rules and that people are not abusing Canada's generosity."

Last month, Mr Kenney responded to similar allegations that he was responsible for running a racist immigration system which were made in UK newspaper The Guardian. Mr Kenney said that Canadian immigration was at its highest ever level and was, per capita, the greatest rate of immigration in the developed world. He said that his government has also committed itself to accepting more refugees than ever before. He also said that Canada continues to fund health services for refugees.

http://www.workpermit.com/news/2012-11-22/canadian-pressure-groups-protest-against-award-for-immigration-minister

 

[kau_shik_patel]

.... the lawyers challenging 87.4 are advocating to argue on a test case in mid Jan for, they're getting the dates earlier than expected. At the same time, they adjourned their meeting on 11/23 & 11/30 to certify the case as a Class Act or Lead Managed. They are leaving the motion moved to certify the case in the middle, and argue on a test case. If J.Barnes rules out to certify the earlier motion, the lawyers may not be able to appeal against the same in the Federal Court.

 

[kau_shik_patel]

J.Barnes has played smartly, by insulating himself from releasing a decision on Tim's motion and on certification of the group challenging 87.4 as a Class Action, lately. What if the case is not certified as Class Act, and the lawyers challenging 87.4 loose a chance to appeal in the Federal Court before Mid Jan'13. The lawyers may loose a chance to appeal in Federal Court, on the motion asking J.Barnes to certify the case as a Class Act.

 

[kau_shik_patel]

Here are your Details

The lead file of Mr. Cecil Rotenberg is IMM-10307-12. MARIA SARI TERESA BORJA AUSTRIA is the litigant. MANILA (Philippines) is the visa office.
[Until 21 November 2012, the lead file of Mr. Cecil Rotenberg was IMM-5365-12. HENRY TOBY is the litigant. ACCRA is the visa office.]
http://cas-ncr-nter03.cas-satj.gc.ca/IndexingQueries/infp_RE_info_e.php?court_no=IMM-10307-12.

 

[kau_shik_patel]

Canada is the 9th best country to be born in next year, says The Economist

By Matt Lundy, November 28, 2012

Canada is the ninth best place in which to be born in 2013 and easily outranks other countries in the Americas, says a recent index published in The Economist. Switzerland occupies the top spot, followed by Australia and Norway. Nigeria finishes last out of 80 countries surveyed.

The where-to-be-born index “attempts to measure which country will provide the best opportunities for a healthy, safe and prosperous life in the years ahead,” says a statement. The results, compiled by the Economist Intelligence Unit, are based on both subjective life-satisfaction surveys and objective measures of quality of life. The index also uses economic forecasts for 2030, the approximate time when children born next year will reach adulthood.

Canada has dropped four spots since 1988, when the index was first compiled, though the past quarter century has been less kind to the United States. In the past 25 years, the U.S. has dropped from first position to 16th. Having said that, The Economist acknowledges that its first index was more light-hearted, including a “yawn index” to penalize boring countries. Canada fell victim to the “yawn index,” but scored bonus points for “scenic attractions” and “for having the most desirable passport.”

It's worth noting that this year's edition featured five European nations in the top 10, though only one (the Netherlands) is part of the eurozone. Europe's largest economies—Germany, France, Italy and Britain—didn't crack the top 15. Likewise, BRIC countries didn't fare well, with China placing 49th, nestled between Latvia and Thailand.

Reaction to the index hasn't been nearly as angry as you might imagine. It does seem the results have been a source of pride in the United Arab Emirates, the top-ranking Arab country. Sheikh Mohammed bin Rashid, the country's vice president and ruler of Dubai, tweeted the news to his nearly 1.3 million followers. One UAE-based newspaper used the occasion to favourably compare itself with Britain, which ranked nine spots lower.

The Nigerian blogosphere has clearly taken notice of their low-standing position. Here's the sober reaction of one blogger: “Not very good outcome. Not good at all.”

Here is the top 10 on the where-to-be-born index:

1. Switzerland
2. Australia
3. Norway
4. Sweden
5. Denmark
6. Singapore
7. New Zealand
8. Netherlands
9. Canada
10. Hong Kong

http://www.canadianbusiness.com/blog/data/108389--canada-is-the-9th-best-country-to-be-born-in-next-year-says-the-economist

 

[kau_shik_patel]

Vancouver still third in new Economist ranking of most livable cities

By Trevor Melanson, August 14, 2012

Vancouverites may be disappointed their city is no longer number one for livability according to The Economist, a ranking it lost last year to Melbourne after almost a decade at the top. But Canada as a whole continues to rank very well, with three cities in the top 10.

Vancouver came in third, just 0.2 points behind first-place Melbourne and 0.1 behind second-place Vienna. Toronto ranked fourth, 0.1 points behind Vancouver, and Calgary followed in fifth. A few cities on the lower-half of the list shuffled spots from last year, but not Canada's, which retained not only the same rankings from last year but the same scores as well.

The list tends to be dominated by Canadian and Australian cities, whose similar living conditions hit the mark for The Economist's methodology.

"As has been clear for several years now, the cities that do best in this ranking are mid-sized conurbations in countries with low population densities. Such conditions are likely to result in low crime levels, functioning infrastructure and easily available recreational activities," the magazine wrote in its Gulliver blog Tuesday.

Last year, The Economist said Vancouver's fall from grace was due to increased congestion, a point of contention for many Canadians, due to the the magazine citing closures on the Malahat highway on Vancouver Island as an example. The magazine later clarified:

"The author of the EIU's report has told me that he did not mean to suggest that Vancouver's fall from grace was a result of the closures of the Malahat highway on Vancouver Island, though many have understandably interpreted it this way and commented to this effect, both on this article and elsewhere. The Malahat closures were meant to provide an example of the congestion that has affected the region as a whole."

But perhaps Vancouver residents shouldn't be too upset with the latest report. In last year's, The Economist noted that the ranking had been conducted before the city's downtown riot, which it said was likely to cause the city to "head downward in subsequent iterations."

But riots be damned. Vancouver ranked and scored the same as it did in 2011.

The Top 10:

1. Melbourne 97.5
2. Vienna 97.4
3. Vancouver 97.3
4. Toronto 97.2
5. Calgary 96.6
6. Adelaide 96.6
7. Sydney 96.1
8. Helsinki 96.0
9. Perth 95.9
10. Auckland 95.7

http://www.canadianbusiness.com/blog/data/95251--vancouver-still-third-in-new-economist-ranking-of-most-livable-cities

 

[kau_shik_patel]

Dear Members:

Prior to our cases hearing on 14-16th Jan the following case No. IMM-3727-12 also to watch closely as the date for hearing this case is Jan 9, 2012.

Order rendered by The Honourable Madam Justice Tremblay-Lamer at Ottawa on 12-OCT-2012 granting the application for leave specifying documents to be produced and/or filed as follows: Tribunal Material on or before November 2, 2012 Applicant' further affidavits on or before November 13, 2012 Respondent's furhter affidavits on or before November 22, 2012 Cross-examinations on affidavits on or before December 3, 2012 Applicant's further memorandum on or before December 12, 2012 Respondent's further memorandum on or before December 27, 2012 Transcript of cross examinations on or before December 27, 2012 fixing the hearing at a Special Sitting at Toronto on 09-JAN-2013 to begin at 09:30 Decision filed on 12-OCT-2012 Considered by the Court without personal appearance entered in J. & O. Book, volume 572 page(s) 351 - 353 Copy of the order sent to all parties Transmittal Letters placed on file.

 

[kau_shik_patel]

Balance of Convenience

Mandamus requires the Applicant to show that the balance of convenience favours the Applicant. This last prong of the test is closely related to the “clean hands” question discussed above. This issue relates to the prejudice that the applicant suffers as a result of the delay.

Mandamus remains a very powerful option for applicants. If you have any questions about your case please contact us to discuss what may be involved in seeking a mandamus remedy.

Quite interesting, I found this on the Bellissimo website. If a Mandamus is made in your case its because the balance of convenience favour you.

 

[kau_shik_patel]

I. Information regarding points is deleted in CAIPS for applicants whose interviews are waived.

Recognizing that the CAIPS system was designed at a time where most applicants were asked for an interview, the database did not capture selection decisions for people who were not interviewed. With the new regulations, the majority of applicants are not interviewed as part of the selection process. Therefore, the information regarding selection decisions is lost in the CAIPS system. This makes it difficult to assess the impact of the selection criteria.

When the Global Case Management System (GCMS) is implemented, the system should be designed in a way that such information is kept for further analysis.

http://www.cic.gc.ca/english/resources/evaluation/fswp/section1.asp#sub3

 

[kau_shik_patel]

this is huge development under ciccumstances when cases are already in Federal court under same situation for terminations.

once again discriminated decision by CIC among the applicants ,further this must be facilitate to decide termination cases decision in favour of litigants.

http://www.cic.gc.ca/english/resources/manuals/bulletins/2012/ob479B.asp

 

[lion.heart]

Which is the best thing to know the next step of your application process CAIPS or GCMS?????

 

[kau_shik_patel]

CAIPS

 

[kau_shik_patel]

Government Report Recommends Increasing Immigration Levels in 2014

The seven year freeze on increases in immigration levels beyond 253,000 should be lifted in 2014, according to an internal government review obtained by Postmedia News:

The study, dubbed a “Literature review and expert advice to inform Canada’s immigration levels planning,” suggests immigration levels should begin increasing six per cent a year to approximately 337,000 in 2018, after which levels should plateau until 2021, the end of the review period.

The report says that labour needs, based on economic projections, necessitate the increase.

Immigration levels as a percentage of Canada’s population have steadily fallen over the last seven years as the country has experienced population growth without a corresponding increase in the number of immigrants admitted.

Recent public opinion polls have indicated that the majority of Canadians oppose an increase in immigration levels, and this, along with recent studies showing a growing income gap between recent immigrants and native born Canadians, have encouraged the federal government to resist calls to increase immigration levels.

According to the Postmedia News report, the internal review calls for greater research into factors hampering the economic integration of immigrants and into comparisons between the economic performance of immigrants who enter through the federal skilled worker program and that of immigrants who enter through provincial nominee programs (PNPs).

The review also recommends against increasing the proportion of immigrants admitted through the PNPs, which clashes with calls from provincial governments to give them greater control over selecting the immigrants that enter Canada.

 

[kau_shik_patel]

In normal english if a Mandamus takes place, half the battle is won. A mandamus can only be made if the court acknowledges that the balance of convenience favours the applicant ( us ). The court acknowledges that we have been suffering a serious greviance because of the illegal actions of CIC.In most cases almost all cases applicants win. If CIC wins then this ruling would have serious implications. It means laws can be made to rule againt citizenship and other immigration issues. It would be better to avoid going to such countries.